Felony Child Endangerment for Prenatal or Breastfed Drug Exposure

Two Utah mothers have been arrested within the last month for child endangerment after their babies experienced prenatal or breastfed drug exposure.

Born addicted

Photo by: Sander van der Wel

A Tooele Utah mother was arrested late last month after her baby was born prematurely and with drugs in its system. 20 year old Shay Christensen gave birth to her baby just 1 week shy of her third trimester while in the bathroom during a prenatal appointment. While the preemie survived its premature birth, both mother and infant tested positive for illicit drugs and Christensen was arrested for felony child endangerment.

Tainted breast milk

Last week a 3 day old baby boy was rushed to the hospital in St. George after the infant stopped breathing and turned blue. During an investigation, a needle full of heroin was discovered in a diaper bag and the mother admitted it was hers. 29 year old Elizabeth Canon told police she had used heroin and then breastfed her baby multiple times. After ingesting the tainted breastmilk, the baby ceased breathing and CPR was performed until paramedics arrived. Canon was booked in the Washington County Jail on felony child endangerment.

Felony child endangerment

Utah Code 76-5-112.5 states regarding felony child endangerment:

(a)“A person is guilty of a felony of the third degree if the person knowingly or intentionally causes or permits a child . . . to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia; . . .
(b)A person is guilty of a felony of the second degree if the person engages in the conduct described [above]; and as a result, a child . . . suffers bodily injury, substantial bodily injury, or serious bodily injury; . . .
(c)A person is guilty of a felony of the first degree if the person engages in the conduct described [above] and as a result of the conduct . . . a child . . . dies.”

Both Utah mothers are facing second degree felonies since their babies suffered injuries due to the parent’s drug use; One being born prematurely and with injuries from the mother using while pregnant and the other’s respiratory system going into distress after being exposed to drugs while breastfeeding. A second degree felony in Utah is punishable by a possible prison term of one to 15 years as well as fine of up to $10,000.

Substance abuse during pregnancy

Photo by: Torsten Mangner

Both Utah women are suspected of using drugs during pregnancy and while many parents couldn’t imagine exposing an unborn baby or infant to drugs, it is more common than people think. According to the National Institute on Drug Abuse, “there was a five-fold increase in the proportion of babies born with NAS [neonatal abstinence syndrome] from 2000 to 2012, when an estimated 21,732 infants were born with NAS – equivalent to one baby suffering from opiate withdrawal born every 25 minutes.” Although many pregnant mothers are able to get rid or unhealthy or dangerous habits for the sake of their unborn child, addiction is hard for many to overcome-regardless of their born and unborn children who are depending on them to stay sober.

Seek help

Those who are looking for help with substance abuse including parents or soon to be parents are encouraged to call the Substance Abuse and Mental Health Services Administration (SAMHSA) at 1-800-622-HELP(4357). According to their website, “SAMHSA’s National Helpline is a free, confidential, 24/7, 265-day-a-year treatment referral and information service (in English and Spanish) for individuals and families facing mental and/or substance use disorders.” They go on to note “This service provides referrals to local treatment facilities, support groups, and community-based organizations.” For legal questions or aid regarding criminal charges related to substance abuse and its effect on the loved ones of those suffering from addiction, contact a criminal defense attorney.

Rising Overdose Deaths Caused from Counterfeit or Laced Prescription Opioids

Overdose deaths continue to be on the rise and many of those deaths occur from individuals consuming counterfeit or laced prescription opioids.

Prescription pain relief

Photo by: Frankieleon

Opioid based pain relievers such as Morphine, Oxycodone, and Hydrocodone were created for doctors to help their patients manage severe to chronic pain. Although they can be helpful for pain, they also mimic the euphoric feeling produced by another addictive opioid: heroin. Far too often, patients become addicted to these pharmaceutical opioids and begin obtaining them elsewhere, outside of a doctor’s care.

Opioid crisis

According to the National Institute on Drug Abuse, “prescription and over-the-counter (OTC) drugs are, after marijuana (and alcohol), the most commonly abused substances by Americans 14 and older.“ While heroin is extremely dangerous and has definite negative connotations associated with its use, prescription opioid abuse is more common and sadly, often overlooked. Additionally, misusing prescription pain pills can lead to heroin use as well. The NID notes “about 4 to 6 percent who misuse prescription opioids transition to heroin and “about 80 percent of people who use heroin first misused prescription opioids”.

Rising overdose deaths

Opioid abuse has been declared a crisis throughout Utah and the nation, yet the amount of individuals using and overdosing continues to rise. The Centers for Disease Control and Prevention state: “Drug overdose deaths and opioid-involved deaths continue to increase in the United States. The majority of drug overdose deaths (more than six out of ten) involve an opioid. Since 1999, the number of overdose deaths involving opioids (including prescription opioids and heroin) quadrupled. From 2000 to 2015 more than half a million people died from drug overdoses. 91 Americans die every day from an opioid overdose.”

Fentanyl

While many overdose deaths occur from a person intentionally misusing or overusing a prescription drugs, other deaths are caused by taking counterfeit pills made to look like authentic pain relievers or pills laced with high amounts of other substances. One commonly used ingredient in laced or counterfeit pills is a synthetic opioid known as fentanyl. Fentanyl is similar to other prescription opioids such as OxyContin and morphine, however the effects of fentanyl are “50 to 100 times more potent” according to the NID. That potency increase comes at a price though. The NID affirms “Among more than 64,000 drug overdose deaths estimated in 2016, the sharpest increase occurred among deaths related to fentanyl ( . . . ).”

Laced or phony pills

Sadly, addiction does not allow the danger of fentanyl in prescription drugs to stop individuals from consuming pills bought off the street. Some may think they are doing their due diligence by verifying the pill’s size, color, and imprint on pill checking websites, however many counterfeit prescription drugs on the street look just like original. The only way to know for sure what is contained in a pill is to obtain the medication with a valid prescription. Since that is unlikely to happen for addicts, drug treatment and rehabilitation is encouraged to help those fighting addiction.

Overdose reversal

Loved ones of addicts unable to successfully rehabilitate are encouraged to obtain life saving measures to save their family member or friend should an overdose occur. When a person overdoses on opioids, their respiratory system slows down to a stop which can quickly lead to death. Naloxone, known commercially as Narcan reminds the brain to signal the lungs to breathe. Previously obtainable with a prescription, the nasal spray Narcan is now available over the counter. Walgreens has just announced that nearly 80,000 of their stores across the nation will now be stocked with the lifesaving medication. Until more can be done to prevent mass opioid abuse, at least there are things in place to reduce the lives lost to this dangerous epidemic.

Opioids and Benzos – A Deadly Combination

Opioids and Benzos- two highly addictive drugs that can be obtained illegally or with the help of a physician can be a deadly combination when used together.

Opioids

Photo by: Dennis Yip

Opioids are a type of drug that binds to the opioid receptors in the body, reducing pain while increasing a sense of euphoria. Opioids can come in illegal forms such as heroin or fentanyl or they can be prescribed legally by a doctor. These prescription opioids include the popular:

• OxyContin;
• Morphine;
• Vicodin; and
• Codeine.

Opioids by themselves have caused tens of thousands of overdose deaths last year alone. They are highly addictive, quickly leading to dependency. They who are dependent on opioids commonly misuse them in extreme quantities. Misuse or overuse of opioids can result in respiratory distress and death.

Benzodiazepines (Benzos)

Another “feel good sedative”, Benzodiazepines are “a type of prescription sedative commonly prescribed for anxiety or the help with insomnia“ according to the National Institute on Drug Abuse. The go on to describe common [benzos] as “Valium, Xanax, and Klonopin.” Just like opioids, benzos can sedate a person too much, decreasing their breathing to dangerous levels. Combined, Opioids and Benzos are too often deadly.

A deadly combination

Photo by: Jason Rogers

On their website, NIH also states “More than 30 percent of overdoses involving opioids also involve benzodiazepines”. With both drugs meant to sedate, it is highly likely that the combined effect of both drugs being used simultaneously can suppress breathing to the point of stopping completely. The respiratory system of users is so relaxed, it forgets to intake oxygen.

Help for those with addictions

Those who know individuals struggling with an opioid addiction, inform them of the dangers of mixing benzos with opioids even under a doctor’s care. Those fighting addiction are encouraged to instead look at “effective medications [that] exist to treat opioid use disorders [such as] methadone, buprenorphine, and naltrexone.” Loved ones of addicts should consult with a doctor about obtaining the drug naloxone to reverse an overdose should the unthinkable happen when they are present.